Pre Trial Procedure Flashcards
(16 cards)
What is the pre-trial process for a summary offence?
All hearings take place in the Magistrates’ Court.
Defendant pleads guilty or not guilty at first hearing.
If guilty, sentencing follows; if not guilty, a trial date is set.
What steps are followed in pre-trial for an either-way offence?
Starts in Magistrates’ Court
Plea before venue –> defendant enters plea
If not guilty, a mode of trial hearing occurs
Magistrates decide if case suitable; defendant may choose court
What is the pre-trial process for an indictable offence?
Case starts in Magistrates’ Court for administrative purposes
Automatically sent to Crown Court under the Crime and Disorder Act 1988
Crown Court holds Plea and Trial Preparation Hearing
Under what law is bail decided and what are the key considerations?
Governed by the Bail Act 1976
Magistrates/Court consider: risk of absconding, reoffending, or interfering with witnesses
Bail may be unconditional or conditional
What is the purpose of the first appearance in Magistrates’ Court?
Deals with legal aid, bail and plea
Ensures basic case management, even for indictable offences before transfer
What must be considered regarding legal aid in criminal cases?
Means and merits tests are applied
If refused, defendant may face trial unrepresented
What incentive is given for an early guilty plea?
Up to one third sentence reduction if plea entered early
Reduces need for trial and helps with cost efficiency
How do Magistrates contribute to pre-trial efficiency?
Handle 95% of criminal cases quickly and cost effectively
Reduces strain on Crown Court
Counterpoint: lay magistrates may lack legal expertise
Why is access to legal representation a concern in pre-trial procedure?
Cuts to legal aid limit access for low-income defendants
May lead to inequality of arms
Example: unrepresented defendants in magistrates court
How do pre-trial procedures protect defendants’ rights?
Right to bail, early disclosure of evidence, legal aid access
Complies with Article 6 ECHR (right to fair trial)
Counterpoint: Bail may still be unfairly denied
Why are plea bargains criticised?
May pressure innocent people to plead guilty
Undermines right to trial and due process
Counterpoint: Encourages efficiency and reduces backlog
Why are delays in pre-trial procedures problematic?
Cause emotional distress to victims and uncertainty for defendants
Crown Court delays especially long
Example: COVID-19 increased backlogs massively
Counterpoint: Some delays are necessary for thorough preparation
How does the system protect the public before trial?
Bail conditions reduce risk
Allows defendants to remain free without compromising safety
Counterpoint: Conditions may be breached, and monitoring is limited
Why might defendants struggle with choosing trial venue?
Lack of legal knowledge means they might choose Crown Court unecessarily
Could face higher costs, longer wait, and harsher sentencing
Counterpoint: Legal advisors are available (if funded)
Why is the offence classification system a strength?
Ensures appropriate court and procedure used
Creates a structured approach to managing different levels of offence seriousness
Counterpoint: ‘Either way’ cases introduce uncertainty
